Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Cole v. Harris

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1334 6th Cir. N/A N/A N/A N/A OT 2012
 
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Issue: Whether, if a complaint is dismissed for failing to meet the requirement of Federal Rule of Civil Procedure 9(b), that the circumstances of the fraud be stated “with particularity,” and additional requirements added by the Private Securities Litigation Reform Act of 1995 (“PSLRA”), including the requirement to plead facts “giving rise to a strong inference” of scienter, the dismissal should be “with prejudice,” despite the general provision of Federal Rule of Civil Procedure 15(a)(2) that courts should “freely give” leave to amend a pleading “when justice so requires,” on the grounds that to allow a plaintiff to file an amended complaint with more detail would “frustrate the purpose” of the PSLRA.

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